476.55 Complaint of antitrust activities.
1. An application for new or changed rates, charges, schedules, or regulations filed under this chapter, or an application for a certificate or an amendment to a certificate submitted under chapter 476A, by an electric transmission line utility or a gas pipeline utility or a subsidiary of either shall not be approved by the board if, upon complaint by an Iowa electric or gas utility, the board finds activities which create or maintain a situation inconsistent with antitrust laws and the policies which underlie them. The board may grant the rate or facility certification request once it determines that those activities which led to the antitrust complaint have been eliminated. However, this subsection does not apply to an application for new or changed rates, charges, schedules, or regulations after the expiration of the ten-month limitation and applicable extensions.
2. a. Notwithstanding section 476.1D, the board may receive a complaint from a local exchange carrier that another local exchange carrier has engaged in an activity that is inconsistent with antitrust laws and the policies which underlie them. For purposes of this subsection, “local exchange carrier” means the same as defined in section 476.96, Code 2017, and includes a city utility authorized pursuant to section 388.2 to provide local exchange services. If, after notice and opportunity for hearing, the board finds that a local exchange carrier has engaged in an activity that is inconsistent with antitrust laws and the policies which underlie them, the board may order any of the following:
(1) The local exchange carrier to adjust retail rates in an amount sufficient to correct the antitrust activity.
(2) The local exchange carrier to pay any costs incurred by the complainant for the pursuit of the complaint.
(3) The local exchange carrier to pay a civil penalty.
(4) Either the local exchange carrier or the complainant to pay the costs of the complaint proceeding before the board, and the other party’s reasonable attorney fees.
b. This subsection shall not be construed to modify, restrict, or limit the right of a person to bring a complaint under any other provision of this chapter.
83 Acts, ch 127, §38; 2005 Acts, ch 9, §2; 2011 Acts, ch 25, §143; 2020 Acts, ch 1063, §265
Structure Iowa Code
Chapter 476 - PUBLIC UTILITY REGULATION
Section 476.1 - Applicability of authority.
Section 476.1A - Applicability of authority — certain electric utilities.
Section 476.1B - Applicability of authority — municipally owned utilities.
Section 476.1C - Applicability of authority — certain gas utilities.
Section 476.1D - Regulation and deregulation of communications services.
Section 476.2 - Board powers and rules — utility’s Iowa office.
Section 476.3 - Complaints — investigation — refunds.
Section 476.4 - Tariffs filed.
Section 476.4A - Exemption from tariff filings for telephone utilities.
Section 476.5 - Adherence to schedules.
Section 476.6A - Alternate energy production facilities — notification requirements.
Section 476.7 - Application by utility for review.
Section 476.8 - Utility charges and service.
Section 476.9 - Accounts rendered to board.
Section 476.10 - Investigations — expense — appropriation.
Section 476.10B - Energy-efficient building.
Section 476.11 - Telephone toll connections.
Section 476.12 - Rehearings before board.
Section 476.13 - Judicial review.
Section 476.14 - Violations stopped.
Section 476.15 - Extent of jurisdiction.
Section 476.16 - Annual report.
Section 476.17 - Peak-load energy conservation.
Section 476.18 - Impermissible charges.
Section 476.19 - Construction of statutes.
Section 476.20 - Disconnection limited — notice — moratorium — deposits.
Section 476.21 - Discrimination prohibited.
Section 476.23 - Electric service conflicts — certificates of authority.
Section 476.24 - Electric utility service area maps.
Section 476.25 - Assigned service areas — electric utilities — legislative policy.
Section 476.26 - Effect of incorporation, annexation, or consolidation.
Section 476.27 - Public utility crossing — railroad rights-of-way.
Section 476.29 - Certificates for providing local telecommunications services.
Section 476.31 - Continuing audit of operation.
Section 476.32 - Review of annual reports.
Section 476.33 - Rules governing hearings.
Section 476.43 - Rates for alternate energy production facilities.
Section 476.44A - Trading of credits.
Section 476.45 - Exemption from excess capacity.
Section 476.46 - Alternate energy revolving loan program.
Section 476.46A - Energy infrastructure revolving loan program.
Section 476.47 - Alternate energy purchase programs.
Section 476.48 - Small wind innovation zone program.
Section 476.49 - Billing methods for distributed generation customers.
Section 476.51 - Civil penalty.
Section 476.52 - Management efficiency.
Section 476.53 - Electric generating and transmission facilities.
Section 476.53A - Renewable electric power generation.
Section 476.54 - Delayed payment charges.
Section 476.55 - Complaint of antitrust activities.
Section 476.56 - Energy costs provided.
Section 476.57 - Limitations on use of ADAD equipment — penalty.
Section 476.62 - Energy-efficient lighting required.
Section 476.63 - Energy efficiency programs.
Section 476.65 - Energy audits.
Section 476.66 - Customer contribution fund.
Section 476.73 - Affiliate records.
Section 476.74 - Affiliate information required to be filed.
Section 476.75 - Audits required.
Section 476.76 - Reorganization defined.
Section 476.77 - Time and standards for review.
Section 476.78 - Cross-subsidization prohibited.
Section 476.79 - Provision of nonutility service.
Section 476.80 - Additional requirements.
Section 476.81 - Audit required.
Section 476.82 - Exemption — energy efficiency.
Section 476.87 - Certification of competitive natural gas providers.
Section 476.91 - Alternative operator services.
Section 476.95A - Annual registration for telecommunications service providers.
Section 476.95B - Applicability of authority.
Section 476.97 - Price regulation.
Section 476.98 - Earnings calculation and report.
Section 476.99 - Additional price regulation plan provisions.
Section 476.100 - Prohibited acts.
Section 476.101 - Local exchange competition.
Section 476.102 - Universal service.
Section 476.103 - Unauthorized change in service — civil penalty.